Lindsay Lohan is risking jail time for failing to check into a court-approved rehab program, according to reports.

Lohan was set to start rehab at Seafield Center in Westhampton Beach, New York but TMZ reports that she refused because the center won’t allow her to smoke. The “Mean Girls” actress boarded a flight from New York to Los Angeles on Wednesday night.

Her father Michael Lohan told CNN that Lindsay’s lawyer Mark Heller arranged for her to check into Morningside Recovery in Newport Beach, Calif. but prosecutors have not signed off on that facility.

“Lindsay had no idea that Morningside wasn’t approved,” Michael said.

By not entering Seafield, Lindsay has “violated her plea deal,” TMZ writes, and the judge could throw her in jail for 90 days.

Heller will be in a Los Angeles court to discuss the matter with the judge and prosecutors this morning.

This March a judge sentenced Linz to 90-days of rehab after she plead no contest to charges of reckless driving and lying to a police officer about her June 2012 car crash on the Pacific Coast Highway.

“This is it,” judge James Dabney told her at the time. “You violate your probation, and we’re not going to have discussions of putting you back on probation.”

Interestingly, Page Six sources predicted just last week that Lohan wouldn’t pick a place to complete her court-ordered rehab until the very last minute. “She’s a drama queen. She feeds off this last-minute frenzy,” one insider said.